The Firefighters and Paramedics Arbitration Act

The Firefighters and Paramedics Arbitration Act, C.C.S.M. c. F60 bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS 1 Definitions 2 Words and expressions in principal Act PART 2 ARBITRATION — FIREFIGHTERS 2.1 Definitions 3 Application of this Part 4 Application of principal Act to collective bargaining 5 Notice to commence collective bargaining 6 Application for arbitration board 7 Power of municipality to vary date for giving of notice 8 Establishment of arbitration board 9 Continuation of existing agreement 10 Appointment, procedures, etc., of arbitration board 11 Effort to secure collective agreement 12 Commencement of agreement or award 13 Lockouts and strikes forbidden 14 Apportionment of expenses 15 Penalty for municipality 16 General penalties PART 3 ARBITRATION — PARAMEDICS 17 Definitions 18 Collective bargaining re paramedics 19 Establishing an arbitration board 20 Length of agreement or award HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 DEFINITIONS Definitions 1 In this Act, "arbitration board" means an arbitration board established under this Act; (« conseil d'arbitrage ») "award" means an award of an arbitration board made under section 11; (« sentence ») "board" means The Manitoba Labour Board; (« Commission ») "collective agreement" has the meaning given to that expression in the principal Act; (« convention collective ») "dispute" has the meaning given to that expression in the principal Act; (« différend ») "lockout" has the meaning given to that expression in the principal Act; (« lockout ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "principal Act" means The Labour Relations Act ; (« loi principale ») "strike" has the meaning given to that expression in the principal Act. (« grève ») S.M. 2002, c. 58, s. 4 . Words and expressions in principal Act 2 Except where the context otherwise requires, and subject to sections 1, 2.1 and 17, words and expressions used in this Act have the same meaning as they have in the principal Act. S.M. 2002, c. 58, s. 5 . PART 2 ARBITRATION — FIREFIGHTERS Definitions 2.1 In this Part, "bargaining agent" means, subject to section 3, a union that acts on behalf of firefighters, (a) in collective bargaining, or (b) as a party to a collective agreement with a municipality that is their employer; (« agent négociateur ») "firefighter" means an employee of a municipality employed as a member of a fire fighting department. (« pompier ») S.M. 2002, c. 58, s. 6 ; S.M. 2011, c. 5, s. 2 . Application of this Part 3 This Part applies only to firefighters who are represented, for the purposes of collective bargaining under the principal Act, by a union that holds a valid and subsisting certificate, issued by the board, certifying that it is the bargaining agent for those firefighters. S.M. 2002, c. 58, s. 7 . Application of principal Act to collective bargaining 4 Except as provided otherwise in this Act, the provisions of the principal Act respecting collective bargaining apply to collective bargaining between a municipality and a bargaining agent and where in any situation a provision of this Act is inconsistent with or repugnant to a provision of the principal Act, the provision of this Act binds the parties involved in the situation and supersedes the provision of the principal Act in respect of its application to the situation. Notice to commence collective bargaining 5(1) Where a collective agreement exists between a municipality and a bargaining agent, if either party thereto desires to negotiate a renewed or revised collective agreement it shall, not later than October 1 next preceding the termination of the existing collective agreement, by written notice require the other party to commence collective bargaining with a view to the renewal or revision of the agreement or conclusion of a new collective agreement; and, with the notice, it shall include in writing its proposals, if any, for revision of the agreement. Effect of notice 5(2) A notice given under subsection (1) shall be conclusively deemed to be a notice given under subsection 61(1) of the principal Act. Where no collective agreement in force 5(3) Where there is no collective agreement existing between a municipality and a bargaining agent, either may give to the other a notice in accordance with section 60 of the principal Act requiring the other to commence collective bargaining. Application for arbitration board 6(1) Where the municipality and the bargaining agent have not (a) by December 31 next following a notice given under subsection 5(1); or (b) within three months after giving notice under subsection 5(3); agreed upon terms of a renewed or revised agreement, or upon the terms of a 1st agreement, either or both of the parties may apply in writing to the minister to appoint an arbitration board. Time limit on application 6(2) An application under subsection (1) must be filed with the minister not later than January 5 next following the giving of a notice under section 5. Earlier application for arbitration board 6(3) Where, before December 31 of the year in which notice is given under section 5, the municipality and the bargaining agent have reached an impasse or stalemate in their collective bargaining, and the parties agree, or one of the parties maintains, that there is no indication of possible agreement, either party or both parties may apply to the minister in writing to appoint an arbitration board. Power of municipality to vary date for giving of notice 7(1) Notwithstanding sections 5 and 6 a municipality may, not later than July 31 in any year by by-law enacted by the council thereof, fix a date for the giving of the notice mentioned in subsection 5(1) that is earlier or later, but not more than three months later, than the date therein mentioned. Notice of passing of by-law 7(2) Where a municipality passes a by-law under subsection (1), it shall within one week of the day on which the by-law is passed notify the bargaining agent of the passing of the by-law by delivering a copy thereof to the bargaining agent; but, where the date fixed by the by-law for giving the notice mentioned in subsection 5(1) is, for the year in which the by-law is passed, before or within 21 days after the date on which the copy of the by-law is so delivered, a notice mentioned in subsection 5(1) may be given at any time within 21 days after the date on which the copy of the by-law is so delivered. Effect of variation of date 7(3) Where a municipality, as provided in subsection (1), fixes an earlier or later date for the giving of notice under section 5, the dates mentioned in section 6 shall be retarded or advanced, as the case may be, by a number of days equal to the number of days by which the date so fixed by the municipality is earlier or later, as the case may be, than the date mentioned in subsection 5(1). Establishment of arbitration board 8 Where under the principal Act, and this Act (a) collective bargaining has begun and been carried on between the municipality that is the employer of any firefighters and the bargaining agent for the firefighters; (b) an application for the appointment of an arbitration board has been made under section 6; and (c) the minister is satisfied that the collective bargaining has been carried on in good faith, but that it is unlikely that the parties will agree, within a reasonable time, on a new collective agreement, or on the renewal or revision of an existing or former collective agreement; the minister may establish an arbitration board to deal with the dispute and to formulate a collective agreement, or the renewal or revision of an existing or former collective agreement, between the parties. S.M. 2002, c. 58, s. 8 . Continuation of existing agreement 9 Where an application for the appointment of an arbitration board is not made within the time fixed by section 6, or the minister refuses to appoint an arbitration board, the collective agreement existing at the time notice is given under section 5 continues in full force and effect until December 31 next following the end of the time so fixed or the refusal of the minister as aforesaid. Appointment, procedures, etc., of arbitration board 10(1) Except as otherwise provided in this Act, (a) the provisions of the principal Act respecting the membership and appointment of the members and chairperson of a conciliation board apply with such modifications as the circumstances require to and in respect of the membership and appointment of the members and chairperson of an arbitration board under this Act; but (b) upon appointment of an arbitration board under this Act the provisions of the principal Act respecting the procedures, powers, duties, privileges and awards of an arbitration board appointed under the principal Act apply to and in respect of the procedures, powers, duties, privileges and awards of an arbitration board appointed under this Act. Terms of reference 10(2) Where the minister appoints an arbitration board, the minister shall forthwith deliver to each of the members of the arbitration board a statement of matters referred to the arbitration board consisting of the original proposals and all counter proposals submitted by each of the parties to the other. Change in terms of reference 10(3) Where the parties agree in writing to eliminate or modify any item in the original proposals or counter-proposals, if they notify the minister in writing that they have agreed upon certain changes in the terms of reference and furnish him or her with a copy of the changes agreed upon, the minister shall amend accordingly the statement delivered to the arbitration board; and any award made under section 11 shall be limited to the matters contained in the statements so amended and delivered. S.M. 2002, c. 58, s. 9 . Effort to secure collective agreement 11(1) On being duly constituted, an arbitration board shall endeavour to bring about a settlement of the dispute between the municipality and the firefighters, and to formulate an agreement satisfactory to both parties; and, if such an agreement is formulated, upon being entered into by the parties it is a collective agreement under the principal Act. Award where no agreement 11(2) Where it is unsuccessful in formulating an agreement satisfactory to both parties, the arbitration board shall make an award setting out its decision as to the manner in which all matters in dispute between the parties shall be settled. Date of award 11(3) Subject to subsection (4), an arbitration board shall make an award under subsection (2) within 42 days of the date on which the chairperson of the arbitration board is appointed or such longer period as may be agreed to by the parties. Clarification of award 11(4) After an arbitration board has made an award, the minister may direct the arbitration board to provide clarification of the award, or a part thereof, and within 10 days of the date on which the minister makes the direction the arbitration board shall make a report to the minister on the matters to be clarified. Effect of award 11(5) An award is binding upon the municipality that is the employer of the firefighters, and upon the firefighters, and upon the bargaining agent of the firefighters; and each and all of them shall observe and carry out the award and forthwith give effect thereto. S.M. 2002, c. 58, s. 10 . Commencement of agreement or award 12(1) Where an arbitration board is established to deal with a dispute that has arisen respecting terms or conditions of employment in any year, a collective agreement entered into, or an award made, under section 11 has effect on and after January 1 of that year, whether or not the council of the municipality has made, or can make, provision for the expenditure in its estimates for that year or any part thereof. Term of agreement or award 12(2) Subject to subsection (3), such a collective agreement remains in effect for the term specified therein, and, subject as aforesaid, such an award remains in effect until the end of the year in which it comes into effect as provided in subsection (1). Continuation of agreement or award 12(3) On the termination of the period during which a collective agreement or an award is in effect, it continues in effect until it is replaced by a new collective agreement or a new award, as the case may be. Effect of by-law under section 7 on award 12(4) Where a municipality, as provided in subsection 7(1), fixes an earlier or later date for the giving of notice under section 5, this section applies to a collective agreement or an award as if such an earlier or later date had not been so fixed. Lockouts forbidden 13(1) No municipality shall declare or cause a lockout of firefighters. Strikes forbidden 13(2) No firefighter shall strike. S.M. 2002, c. 58, s. 11 . Apportionment of expenses 14(1) The municipality and the bargaining agent for the firefighters shall each assume its own costs of the arbitration, and shall share equally all other general expenses of the arbitration board including the remuneration of the chairperson and the reasonable and proper expenses incurred by the chairperson in connection with the arbitration proceedings. Amount of remuneration and expenses 14(2) The remuneration and out-of-pocket expenses of the chairperson and other members of an arbitration board shall be the same in amount as those of the chairperson and other members of a board of conciliation and investigation appointed under the principal Act. Witness fees 14(3) Every person who is summoned by an arbitration board, except a witness summoned at the request of a party, and who duly attends as a witness, is entitled to an allowance for expenses determined in accordance with the scale for the time being in force with respect to witnesses in civil actions in the Court of King's Bench; and the allowance paid is part of the general expenses of the arbitration board. 14(4) [Repealed] S.M. 2021, c. 11, s. 88 . S.M. 2002, c. 58, s. 12 ; S.M. 2021, c. 11, s. 88 . Penalty for municipality 15(1) Every municipality that declares or causes a lockout contrary to this Act is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $250. for each day that the lockout exists. Penalty for person 15(2) Every person, acting on behalf of a municipality, who declares or causes a lockout contrary to this Act is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $300. Penalty for union 15(3) Every union that declares or authorizes a strike contrary to this Act is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $250. for each day that the strike exists. Penalty for officer 15(4) Every officer or representative of a union who, contrary to this Act, authorizes or participates in the taking of a strike vote, or declares or authorizes a strike, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $300. S.M. 2002, c. 58, s. 13 . General penalties 16 Every municipality, person, or union, who or which does anything prohibited by this Act, or who or which refuses or neglects to do anything required by this Act to be done by the municipality, person or union, is guilty of an offence and, except where some other penalty is by this Act provided for the act, refusal, or neglect, is liable, on summary conviction, (a) if an individual, to a fine not exceeding $100.; or (b) if a corporation or union, to a fine not exceeding $500. S.M. 2002, c. 58, s. 14 . PART 3 ARBITRATION — PARAMEDICS Definitions 17 In this Part, "bargaining agent for paramedics" means the union that is certified by the board to act on behalf of paramedics in collective bargaining; (« agent négociateur des travailleurs paramédicaux ») "city" means the City of Winnipeg; (« ville ») "paramedics" means those employees of the city who are engaged in the delivery of ambulance and paramedical services and who are in the bargaining unit represented by the bargaining agent for paramedics. (« travailleurs paramédicaux ») S.M. 2002, c. 58, s. 15 . Collective bargaining re paramedics 18(1) Sections 3, 4, 10, 11 and 13 to 16 apply, with necessary changes, to collective bargaining between the bargaining agent for paramedics and the city. Changes in applying provisions 18(2) In applying the provisions listed in subsection (1), all references to "firefighters" shall be read as "paramedics". S.M. 2002, c. 58, s. 15 . Application for arbitration board 19(1) If (a) the city or the bargaining agent for paramedics has given notice to the other to commence collective bargaining with a view to the conclusion of a collective agreement; (b) three months have elapsed since the notice was given; (c) any collective agreement in effect between the city and the bargaining agent for paramedics at the time notice was given has ceased to be in effect; and (d) the city and the bargaining agent for paramedics have not concluded a new collective agreement; either or both of them may apply, in writing, to the minister to establish an arbitration board. Establishment of arbitration board 19(2) Where the minister receives an application under subsection (1), the minister may establish an arbitration board (a) to deal with the dispute that has arisen in the collective bargaining between the city and the bargaining agent for paramedics; and (b) to formulate a collective agreement, or the renewal or revision of an existing or former collective agreement. S.M. 2002, c. 58, s. 15 . Commencement of agreement or award 20(1) Every collective agreement, and every award made by an arbitration board, has effect on and after the first day after the day that any collective agreement in effect at the time the notice to commence collective bargaining was given by the city or the bargaining agent for paramedics to the other would, but for subsection (3), have ceased to be in effect, whether or not the city has made, or can make, provision for any additional expenditures arising from the agreement or award for the year in which it comes into effect or any part of that year. Term of agreement 20(2) Subject to subsection (3), every collective agreement remains in effect for the term specified in the agreement. Continuation of agreement and award 20(3) After the end of the period during which a collective agreement or an award by an arbitration board remains in effect as provided in subsection (2), the agreement or award continues in effect until it is replaced by a new collective agreement or award, as the case may be. S.M. 2002, c. 58, s. 15 .